Affidavit for Bail Application before Sessions Court.

IN THE COURT OF SESSIONS JUDGE, ____COURT

CRIMINAL MISCELLANEOUS (BAIL) APPLICATION NO ____ OF 20__

IN THE MATTER OF:

MR. ____________                                                                                                                            …………… applicant

VERSUS

STATE OF _____________                                                                                                                    ………… respondent

AFFIDAVIT

I, __________________, aged ___ years, daughter of ______________________, residing at ________________________________________, do hereby solemnly affirm and state as under:

1. That I am the deponent herein and the accused in Sessions Case No. ___, concerning the alleged offence under Sections 109 and 61 read with Section 109 of the Bharatiya Nyaya Sanhita, 2023 (criminal conspiracy and attempt to commit culpable offence).
2. That I assert my complete innocence. I have been falsely implicated due to prior enmity with the complainant. The entire case arises from a motivated and baseless First Information Report (FIR) lodged at __________ Police Station on ____/____/20___.
3. That the allegations are fabricated. The FIR falsely claims that I drove a car and attacked the complainant with a sharp weapon. In truth, I do not possess any driving licence and have never operated a motor vehicle. No weapon or incriminating article was recovered from me at the time of arrest, as evidenced by the arrest memo already filed.
4. That there is no independent or credible evidence. No reliable witness has supported the prosecution story, which is entirely fictitious.
5. That I am in unlawful detention. My liberty has been curtailed in violation of my fundamental rights under Articles 19 and 21 of the Constitution of India.
6. That my family is wholly dependent on me. I am the sole breadwinner, earning my livelihood as a tailor. I have my wife, four minor children, an unmarried sibling, and aged parents depending on me. If I remain in custody, my family will suffer irreparable hardship.
7. That I am ready to comply with conditions. I undertake to furnish two solvent sureties, abide by all terms imposed by this Hon'ble Court, cooperate in investigation, and not tamper with evidence or influence witnesses.
8. That this is my first bail application. I have not filed any earlier or similar application before this or any other Court.
9. That I have no previous criminal record. I have never been convicted or prosecuted in any other criminal proceeding.

PRAYER

In view of the above facts and circumstances, it is most humbly prayed that this Hon'ble Court may be pleased to grant me bail under Section 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in the interest of justice.

DEPONENT

VERIFICATION

Verified at ___________ on this ___ day of ________, 20, that the contents of the above affidavit are true and correct to my knowledge and belief. Nothing material has been concealed therein.

DEPONENT

What is this Affidavit for?

With this procedure Regular bail application is to be made when a person has been arrested and kept in custody. This very right has been provided under Section 480 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Earlier, the same provision existed under Section 437 of the CrPC, but since the CrPC is now replaced, we go by BNSS.

What is Regular Bail?

Regular Bail means applying for release after arrest.
It is different from Anticipatory Bail (Section 482 BNSS), which is applied before arrest.

When can you apply?

• Arrested for an offence
• Is in custody
• The case is not one of those completely barred from bail (like very serious crimes punishable with death or life imprisonment in rare cases)

Where to apply?

• Magistrate Court – the offence is triable by the Magistrate.
• Sessions Court / High Court – serious offences like attempt to murder and conspiracy.

Example

If anyone is arrested for attempted murder under Section 109 of Bharatiya Nyaya Sanhita, 2023. Now this person is already in custody, and the lawyer will file Regular Bail Application under Section 480 BNSS, 2023 in front of the Sessions Court.

Conditions Court may impose

• Furnishing sureties (people who take responsibility).
• Not to leave the city without permission.
• Cooperation in the course of investigation.
• Not threatening witnesses or tampering with evidence.

Key Difference (Easy Table)

Quick FAQ

Q1. Which section of BNSS to use for regular bail?

Section 480.

Q2. Which section is for anticipatory bail?

Section 482.

Q3. Can bail be denied?

Yes, if the offence is very serious (death/life punishment) or if the court believes the accused may abscond or threaten witnesses.

Q4. Do I need sureties for bail?

Usually, yes. Court often asks for two solvent sureties.

Q5. Is the Old CrPC section still valid?

No. Now only BNSS applies.